REGISTRAR KAMESHWAR SINGH Vs. ARBIND KUMAR PANDEY

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appellant is aggrieved by the order dated 20th December, 2002. passed by the learned single Judge, whereby he has allowed the writ application filed by the writ petitionerrespondent no. 1 for a direction to the Governing Body of Mahanth Shatanand Giri Harihar Sanskrit College, Bodh Gaya, District Gaya to appoint him on the post of Principal.

(3.) LEARNED single Judge having gone into the matter in detail found that under the provisions of Bihar State Universities Act Senate has been empowered to lay down qualification for appointment on the post of teaching staff etc. of the affiliated Colleges by making statutes and the statutes made by the University shows that the requirement is only high second class Master Degree for the post of Principal and there is no requirement that the person having Master Degree in Prachya (Oriental) subjects should only be appointed as Principal. Learned single Judge also found that the document which has been relied upon by the appellant -University and issued by the State Government has no statutory force and the same cannot override the statutory provision made under the express provision conferred under the Bihar State Universities Act.